Schloss Hma Private Limited vs Praveen Kumar Tejwani on 23 March, 2026

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Delhi High Court - Orders

Schloss Hma Private Limited vs Praveen Kumar Tejwani on 23 March, 2026

Bench: Jyoti Singh

                          $~71
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 290/2026
                                    SCHLOSS HMA PRIVATE LIMITED                  .....Plaintiff
                                                 Through: Mr. Pravin Anand and Mr. Ashutosh
                                                 Upadhyay, Advocates.

                                                                  versus

                                    PRAVEEN KUMAR TEJWANI                                                                  .....Defendant
                                                Through:
                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                                  ORDER

% 23.03.2026 I.A. 7511/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of I.A. 7507/2026 (for pre-institution mediation)

3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

5. Application is allowed and disposed of.

CS(COMM) 290/2026 Page 1 of 15

This is a digitally signed order.

6. This application is filed on behalf of the Plaintiff seeking to place on record additional documents.

7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

8. Application is allowed and disposed of.

I.A. 7510/2026 (u/S 151 CPC)

9. This application is filed on behalf of the Plaintiff seeking extension of time to file certificate under Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023 as also an affidavit under Order XI Rule 6(3) CPC.

10. For the reasons stated in the application, the same is allowed granting two weeks to the Plaintiff to file certificate under Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023 as also an affidavit under Order XI Rule 6(3) CPC.

11. Application stands disposed of.

I.A. 7508/2026 (u/O XI Rules 1, 3 and 5 r/w Section 151 CPC)

12. This application is filed on behalf of the Plaintiff for a direction to the Defendant to discover on affidavit the details as mentioned in paragraph 2 of the application and produce the same before the Court.

13. Issue notice to the Defendant through all permissible modes, returnable before this Court on 15.05.2026.

CS(COMM) 290/2026

14. Let plaint be registered as a suit.

15. Upon filing of process fee, issue summons to the Defendant through CS(COMM) 290/2026 Page 2 of 15 This is a digitally signed order.

16. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiff.

17. It will be open to the Plaintiff to file replication within 30 days from the date of receipt of written statement along with affidavit of admission/denial of documents filed by the Defendant.

18. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

19. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 7506/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

20. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.

21. Issue notice to the Defendant through all permissible modes, returnable before Court on 15.05.2026.

22. Case of the Plaintiff as set out in the plaint is that Plaintiff is a private limited company incorporated on 06.03.2019 under the Companies Act, 2013 and is engaged in the business of ultra-luxury hotels and resorts management and rendering technical, operational, managerial, branding and advisory services in relation to construction and operations of all the hotels under the LEELA trademarks. Plaintiff conducts its business of high-end CS(COMM) 290/2026 Page 3 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 hospitality services under the flagship mark, 'THE LEELA' and its stylized versions , and . Plaintiff also offers other services under the trademarks , ARQ BY THE LEELA, , , , , and .

23. It is stated that Plaintiff operates, manages and renders technical branding advisory to various hotels in India such as The Leela Palace Bengaluru, The Leela Ambience Gurugram Hotel & Residences, The Leela Palace Udaipur, The Leela Palace New Delhi and The Leela Ambience Convention Hotel, Delhi amongst others and each of the properties is strategically located in key metropolitan, business, cultural and leisure destinations and have garnered significant domestic and international recognition, thereby reinforcing the substantial goodwill, reputation, and distinctiveness associated with the trademark "THE LEELA."

24. It is stated that Plaintiff is strategically and continuously expanding its portfolio across India and even internationally, through a robust development pipeline comprising landmark luxury hospitality projects, including but not limited to 'The Leela Srinagar', 'The Leela Ayodhya', 'The Leela Palace Agra', 'The Leela Ranthambore', 'The Leela Bandhavgarh', 'The Leela Sikkim', 'The Leela Luxury Residences - Mumbai', 'The Leela CS(COMM) 290/2026 Page 4 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 Jaisalmer', 'The Leela Palace Mumbai' etc. Plaintiff is also in the process of coming up with its first international venture, 'The Leela Dubai', a beachfront resort on Palm Jumeirah, Dubai, thereby marking the commencement of its global expansion.

25. It is stated that Plaintiff's hotels enjoy significant and steadily increasing patronage from international guests, which clearly evidences the global recognition and appeal of "The Leela" brand. The number of international guests staying at Plaintiff's hotels has shown consistent increase from 2,39,800 in 2023 to 2,71,694 in 2024 and further to 3,00,078 in 2025. This sustained upward trajectory reflects a growing preference among foreign travelers for Plaintiff's hotels despite the fact that as on date, Plaintiff does not operate any hotel outside India under 'The Leela' brand.

26. It is stated that Plaintiff under its flagship mark 'THE LEELA' and other Leela formative trademarks offers comprehensive suites providing ultra-luxury hospitality services such as butler services, luxury transportation, bespoke concierge, wellness, recreational services such as spa & salon, specialty dining services offered by multi-award winning restaurants such as Jamawar, Megu and Le Cirque, Sheesh Mahal and exclusive lounge and luxury bars like Library Bar. Plaintiff also enjoys a strong and well-established presence in the State of Rajasthan, a premier destination for luxury, heritage and cultural tourism in India and currently operates two iconic palace hotels in the State, namely 'The Leela Palace Jaipur' and 'The Leela Palace Udaipur', both of which are positioned as flagship luxury properties and are widely recognized for offering palace- style hospitality, reflective of Rajasthan's royal legacy. Building upon this CS(COMM) 290/2026 Page 5 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 established footprint, Plaintiff has further strengthened and expanded its presence in Rajasthan by announcing additional luxury developments in key heritage and wildlife destinations, including in Jaisalmer and Ranthambore. In November, 2025, Plaintiff announced its expansion into premier heritage and desert tourism destinations and is in the process of developing a luxury hotel under the name, 'The Leela Jaisalmer, A Luxury Desert Resort and Spa'. The announcement was widely published in print media.

27. It is stated that the trademark "THE LEELA" was originally conceived and adopted in 1986 by Late Captain C.P. Krishnan Nair, whereafter Leela Lace Holdings Private Limited and Hotel Leela Venture Limited developed, promoted and extensively used the Leela trademarks in India in relation to luxury hospitality services. In 2019, private equity funds managed by affiliates of Brookfield Asset Management Limited acquired certain hotel undertakings of the former owners including the entire portfolio of trademarks relating to THE LEELA mark and all associated and allied marks, as part of comprehensive acquisition of Leela hospitality business. To give legal effect to this acquisition, Plaintiff became the lawful proprietor and successor-in-interest to THE LEELA trademarks pursuant to two Deeds of Assignments dated 16.10.2019.

28. It is stated that by virtue of long, continuous, extensive and consistent use of THE LEELA for over 40 years, the marks have acquired distinctiveness and have become synonymous with high-end ultra-luxury hospitality and related services. Plaintiff has invested years of time, capital, efforts and resources globally and in India to promote THE LEELA trademarks and the details of expenditure incurred on advertising and promotion are as follows:-

CS(COMM) 290/2026 Page 6 of 15

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36

29. It is stated that the goodwill and reputation garnered by the Plaintiff by use of THE LEELA trademarks for its hospitality and other services is evidenced by the increasing revenues. Estimated sales turnover in India from 2019-2020 to 2024-2025 is as follows:-

30. It is stated that owing to the extensive goodwill in the brand THE LEELA built over 4 decades, LEELA has been ranked among the world's best hotels by global authorities like Travel + Leisure and multiple awards have been won by the brand. Some of the top international awards are Travel + Leisure USA World's Best Awards, 2023 - #3 World's Best Hotel Brand; ULTRAs-Luxury Hotel Brand of the Year International Sustainability Awards 2024-Top 100 Sustainable Hotels & Resorts of the World (The Leela Palace Bengaluru); and Global Vision Awards by Travel + Leisure USA in 2025. Plaintiff has been vigilant in protecting its rights in CS(COMM) 290/2026 Page 7 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 Leela trademarks and has enforced them consistently and rigorously. The Bombay High Court in Commercial IP Suit No.357 of 2022 granted interim injunction against misuse of the mark LEELA where the Defendant was using the marks ANANTARA BY LEELA and LEELA CONVENTION HALL. Plaintiff has also filed multiple successful oppositions across classes against phonetically and deceptively similar Leela trademarks, details of which are furnished in paragraph 42 of the plaint. In order to protect its statutory right, Plaintiff applied for and has obtained registrations in trademark THE LEELA and its formative marks as follows:-

CS(COMM) 290/2026 Page 8 of 15

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 CS(COMM) 290/2026 Page 9 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36

31. It is stated that 'L' device qualifies as 'artistic work' under Section 2(c) of the Copyright Act, 1957. All sketches/drawings, including digital drawings of the said device are original artistic works, solely produced and owned by the Plaintiff by virtue of which proprietorship of the said logo rests solely with Plaintiff. Priority of adoption clubbed with long, extensive and continuous use since 1986, trademark registrations and copyright in the original artistic work of stylized letter 'L' device, when viewed together, gives an exclusive right to the Plaintiff to use or authorize to use the Leela trademarks in relation to services belonging to classes, for which the marks are registered. By virtue of Section 28 of the Trade Marks Act, 1999, Plaintiff has the right to restrain third parties from infringing the marks.

32. It is stated that due to extensive use of the Leela trademarks, Plaintiff has earned and garnered formidable goodwill and reputation and is recognized globally as one of the top brands in the hotel industry. By CS(COMM) 290/2026 Page 10 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 continuous and uninterrupted use, Plaintiff has acquired common law rights over the Leela trademarks and is entitled to restrain a third party from passing off its services as those of the Plaintiff. Plaintiff regularly promotes its brand and the Leela trademarks through its official website, www.theleela.com and the domain name hosting Plaintiff's website was registered on 24.10.1998. The website is accessible to the public at large across the globe, further contributing to the goodwill and reputation. All properties of the Plaintiff displaying the Leela trademarks as also details of offers, reviews etc. are available on the website, under the prominent mark .

33. It is stated that Plaintiff has invested heavily in promoting the Leela trademarks through various online platforms and print media. Plaintiff has advertised itself in various popular and widely circulated periodicals such as the Robb Report, India Magazine, Invest India, The Business Traveller, GQ India, Vogue, Hotelier India, Manifest Magazine, Hospitality Horizon, amongst others and many other popular international periodicals such as Travel & Leisure, USA. Plaintiff also promotes its brand and services through its in-house magazine, The Leela Magazine, which is an independently run wing of The Leela's brand communication platform and the contents of the magazine are put together by an independent editor to maintain the editorial integrity and credibility. Plaintiff also advertises and promotes the Leela trademarks through various social media platforms under the brand 'THE LEELA' and regularly posts and promotes its properties, CS(COMM) 290/2026 Page 11 of 15 This is a digitally signed order.

34. It is stated that sometime in November, 2025, around the time of the formal announcement of Plaintiff's expansion into premier heritage and desert tourism destinations in Jaisalmer, Plaintiff came across Defendant's property operating under the brand LEELA and logo , which is used not only as a trade name/trademark but also as part of its domain name www.desertleelaresort.com. In order to amicably settle the disputes with the Defendant, Plaintiff issued a cease-and-desist notice dated 14.11.2025 to the Defendant, calling upon inter alia, to immediately cease the use of the mark and name "LEELA" and to stop use of the website www.desertleelaresort.com. On 20.11.2025, Defendant responded to the notice denying allegations of infringement, passing off, misrepresentation etc. and claimed that Defendant provides budget friendly luxury stay at its resort, which is named after his father, Late Sh. Leela Ram Tajwani who was a well known contractor in the 1970s in Barmer District of Jaisalmer. It was stated that Defendant also provides bookings for its accommodation through multiple online travel agencies and hotel booking websites, both in India and abroad.

35. It is stated that independent investigation revealed that Defendant operates through its highly interactive website and offers boutique desert camps and other accommodations including arrangements for desert activities, Safari and cultural programmes etc. The bookings are made online CS(COMM) 290/2026 Page 12 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 and the website prominently uses the logo , which has subsumed the Leela trademark of the Plaintiff. The bookings can be done through various online booking platforms such as MakeMyTrip, Agoda, Expedia, Ticket.com etc.

36. It is urged on behalf of the Plaintiff that the activities of the Defendant whereby, it offers hospitality services under the prominent mark LEELA amount to infrigement of Leela trademarks and also passing off. Defendant has intentionally and mala fidely adopted the impugned mark which is identical to Plaintiff's registered trademark THE LEELA for identical business. With the goodwill of THE LEELA, it is not a mere coincidence that Defendant has adopted the mark LEELA The adoption is in bad faith and with the objective of riding upon the reputation and goodwill of the Plaintiff, with no plausible reason to adopt the mark LEELA as a part of its tradename/trademark.

37. It is further urged that with the inclusion of LEELA in the impugned mark for identical services, there is initial interest confusion at the point of sale. Defendant has strategically misappropriated Plaintiff's goodwill established in the brand THE LEELA to divert potential customers including foreign travellers at the search and pre-sale stages, which is particularly damaging the Plaintiff as it causes loss of potential revenue. Plaintiff is the prior user and adopter of the mark THE LEELA and operates two prominent properties in Rajasthan, in which it has heavily invested and Defendant is attempting to divert Plaintiff's customers and pass off its services as those of the Plaintiff by prominently displaying DESERT LEELA RESORT on its CS(COMM) 290/2026 Page 13 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 property. Booking of Plaintiff's properties as also of Defendant's property are made online and this aggrevates likelihood of confusion. The use of mark LEELA as a part of its name by the Defendant is diluting Plaintiff's LEELA marks, which has built enviable reputation apart from tarnishing Plaintiff's image.

38. Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie for grant of ex parte ad interim injunction against the Defendant. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted.

39. Accordingly, till the next date of hearing, Defendant, its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, dealers, distributors, stockists, representatives, licensees and anyone acting for or on their behalf, directly or indirectly, are restrained from using the impugned marks 'LEELA'/'DESERT LEELA RESORT'/ for rendering/advertising its hospitality services identical/similar to Plaintiff's services and/or using the impugned marks as part of its corporate name, domain name, social media handle, promotional hashtag etc. and/or any other mark deceptively similar to Plaintiff's registered trademarks, 'THE LEELA' and its stylized versions, (The 'L' Device), and/or any permutations/combinations thereof, amounting to infringement of CS(COMM) 290/2026 Page 14 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36 trademarks and/or passing off. It is, however, made clear that this order will not preclude the Defendant from carrying on its business without the use of the mark LEELA and/or its formative marks.

40. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.

JYOTI SINGH, J MARCH 23, 2026/YA CS(COMM) 290/2026 Page 15 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:13:36

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Delhi High Court - Orders